HomeMy WebLinkAbout1990-07-24 - AGENDA REPORTS - REGULATING BLDG PERMITS (2)PUBLIC HEARING
DATE: July 24, 1990
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AGENDA REPORT
City Manager Approval
Item to be presented
�byy
Lynn M. Harris
SUBJECT: Draft ordinance regulating building permits during consideration
of City Council -initiated zone.changes
DEPARTMENT: Community Development
BACKGROUND
The need for this draft ordinance is related to the draft mobile home park zone
ordinance, also on the Council's July 24, 1990 agenda. The draft ordinance
proposes a new requirement that would pertain to City Council initiated zone
changes only. When, property is proposed to be rezoned by a Council -initiated
zone change, one of two new requirements would apply: (1) An application for a
building permit must conform to the requirements of the newly proposed zone, or
(2) A conditional use permit must be approved for the land use proposed. The
purpose of this ordinance is to prevent the filing of applications for
development under the "old" rules in an attempt to circumvent compliance with
the "new° rules being considered in connection with a zone change initiated by
the City Council. Without this type of ordinance, filings "under the wire*,'
before a zone change becomes effective may be stimulated in an effort to avoid
new regulations, hence interfering.with the very intent of the new zone.
The moratorium on mobile home park closures has lapsed and cannot be further
extended. Until another ordinance is adopted, closure proceedings could be
initiated by mobile home park owners, and their properties could be considered
for new development proposals. This ordinance would add new requirements and
give the City more review authority should a mobile home park be proposed for
conversion and development. The draft ordinance is necessary if the Council
wishes to regulate potential development of existing mobile home parks.
The Planning Commission held a public hearing on the above item on July 3, 1990
and continued the item to a date uncertain. Also, the Commission set a study
session date for July 26, 1990 on this matter. In the interim, a new public
hearing date has been set for the Planning Commission of August 7, 1990. Please
refer to the attached Planning Commission staff report, dated July 3, 1990 as
well as the attached draft minutes (Item 5) of the Commission hearing on this
matter.
RECOMMENDATION.
That the City Council adopt a(minute resolution) of intent to direct the Planning
Commission to forward its recommendation as soon as possible.
ATTACHMENTS
Contm.led ?r,: � � Y_-
1. Planning Commission staff report dated July 3, 1990
2. Draft ordinance
3. Planning Commission draft minutes of its meeting of July 3, 1990
Agenda Item:
0
PUBLIC HEARING PROCEDURE
1.
Mayor Opens Hearing
a. States Purpose of Hearing
2.
City Clerk Reports on Hearing Notice
3.
Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4.
Proponent Argument (30 minutes)
5.
Opponent Argument (30 minutes)
6.
Five-minute Rebuttal (Proponent)
a. Proponent
7. Mayor Closes Public Testimony
8. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
0
• CITY OF SANTA CLARITA 0
NOTICE OF PUBLIC HEARING
REGARDING PROPOSED AMENDMENTS TO SECTIONS 22.16.080
AND 22.16.090 RELATING TO THE ZONE CHANGE AND
AMENDMENT PROCESS OF THE CITY OF SANTA CLARITA
12110Ron Mel 4{874DCv0A$a!-dft}&IxRA
A Public Hearing will be held before the City Council of the City of Santa
Clarita to consider a proposed ordinance amending the existing procedure for
the initiation of zone changes and the processing of land use entitlements
during the period when a zone change is under consideration.
The proposed ordinance will be heard by the City Council in the City Hall
Council Chambers, 23920 ValenciaBlvd., 1st Floor, the 24th day of July, 1990,
at or after 6:30 p.m.
Proponents, opponents, and any interested persons may appear and be heard on
this matter at that time.' Further information may be obtained by contacting
the City Clerk's Office, Santa Clarita-City Hall, 23920 Valencia, Blvd., Suite
300.
Dated June 26, 1990
George Caravalho
City Clerk
Publish Dater July 3, 1990
05/25/90 16:43 $`213 236 2700 BW&S LA MAIN 00`Li026
ORDINANCE NO.
AN ORDINANCE OF.THE CITY COUNCIL OF THE
CITY.OF SANTA CLARITAr AMENDING SECTIONS
22.16.080 AND 22x16.090 OF THE SANTA
CLARITA MUNICIPAL CGDE, RELATING TO THE
ZONE CHANGEANDAMENDMENT PROCESS OF THE
CITY.
THE CITY COUNCIL.OF THE CITY OF SANTA CLARITA,
CALIFORNIAr ORDAINS AS FOLLOWS:
SECTION 1. Section 22.16.080 of the Santa Clarita
Municipal Code is amended to read:
22.16.080. INITIATION OF ZONE CHANGES AND
AMENDMENTS.
Zone changes or amendments may be initiated by the
Council or Commission by the adoption of a resolution of
initiation. A property owner may apply for a zone change or
amendment on the property owned by such property owner by
submitting a petition as provided in Sections 22.16.0901 et
seq. of this Title to the Director on such form as the
Director may prescribe. The.Director shall set all
petitions for, and initiations of, zone changes or
amendments for hearing before the Commission.
SECTION 2. Section 22.16.090 of the Santa Clarita
Municipal Code is amended to read:
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DCH\WP\ORD25277 cJ_�
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22.16.090. CONSISTENCY WITH COUNCIL INITIATED
ZONE CHANGES OR AMENDME4TS.
Upon the initiation by the Council of a zone change
or amendr,:ent, the Director shall only issue permits for the
erection, construction, alteration, or change of any
building, structure, or improvement within the territory of
such proposed zone change or amendment which would conform
to the requirements for the proposed zone, unless a
Conditional Use Permit for use which does not conform to the
proposed zone has first been approved pursuant to the
provisions of Part 1 of Chapter 22.56 of this Title. Any
permit issued in violation of this Section shall be void.
SECTION 3. This ordinance is an urgency ordinance
necessary for the immediate preservation of the public
peace, health, or safety within the meaning of Government
Code section 36937(b) and shall go into effect
immediately. The facts constituting the necessity are:
1. As a newly incorporated City,
the City will be required to initiate zone
changes and amendments in order to ensure
consistency between the City's General Plan and the
city's zone map.
DCH\WP\ORD25277
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•
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2. Without this ordinance in place,
the City will be subject to processing and
approving discretionary and ministerial development
entitlements that would be inconsistent with the
proposed General Plan and which would detrimentally
impact properties adjacent to, or in the vicinity
of, such proposed entitlements.
3. The adoption of this ordinance as.an
emergency measure will preserve the integrity of
the planning process and prevent the frustration of
the significant goals and policies of the City.
SECTION 4. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published as required by law.
19—.
PASSED AND APPROVED this day of
MAYOR
4004/026
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•
ATTEST:
CITY CLERK
BYiaS LA MAIN
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DCH\WP\OR025277 I"-
CITY OF SANTA CLARITA
STAFF REPORT
DATE: July 3, 1990
TO:
Chairwoman Garasi and Members of the
Planning Commission
FROM:
Lynn M. Morris, Director of Community
Development
1
APPLICANT:
City of Santa Clarita
LOCATION: Citywide
REQUEST: An urgency ordinance to revise the existing procedure
for the initiation of zone changes and the processing
of land use entitlements during the period when a zone
change is under consideration
RECOMMENDATION: Recommend approval to the City Council of the attached
draft ordinance by minute action.
BACKGROUND AND ANALYSIS:
The attached draft ordinance is being processed at the request of the
City Council. It is a companion ordinance to ZOA-90-001 (creation of a
Mobile Home Park Residential Zone), also on the Planning Commission's
July 3, 1990 agenda.
Zone changes may be initiated by any one of three parties: the property
owner (which is the usual circumstance), the Planning Commission, or the
City Council. The draft ordinance creates certain procedures and
requirements that would only pertain to Council -initiated zone changes.
The purpose of the draft ordinance is to reduce the speculation that
could occur should the Council initiate a zone change; if the Council
initiates a zone change to a more restrictive zone, then a property
owner may react by attempting to pull a building permit for the property
consistent with the current zone. The draft ordinance would limit the
opportunity for development during the period when a Council -initiated
zone change is in process. A building permit would be required to
conform to the requirements of the proposed zone, unless a conditional
use permit has been previously approved for that property and the
specific development proposed.
The near term use of this ordinance would occur in connection with the
initiation of zone changes to the Mobile Home Park Residential Zone. In
the longer term, this ordinance will become operative following general
plan adoption in connection with citywide zone changes for conformance
with the General Plan as well as any other Council -initiated zone
changes.
0
ZOA-90-002 - 2 - July 3, 1990
In accordance with the California Environmental Quality Act, this
request is categorically exempt under Section. 15308 (Actions by
Regulatory Agencies. for Protection of the Environment) of the State EIR
Guidelines, and requires no further environmental review.
LMH: MAR: r
ID 82
*TES OF REGULAR MEETING
CITY OF SANTA CLARITA
PLANNING COMMISSION
6:-30 P.M.
July 3, 1990
CALL TO ORDER The regular meeting of the Planning Commission
of the City of Santa Clarita was called to order
by Chairwoman Garasi at 6:35 P.M. in the City
Council Chambers, 23920 Valencia Boulevard,
First Floor, Santa Clarita, California.
FLAG SALUTE Commissioner Brathwaite led the Pledge of
Allegiance to the Flag.
ROLL CALL All Commissioners were present. Also present
were City Attorney, Doug Holland; Community
Development Director, Lynn Harris; Parks and
Recreation Director, Jeff Kolin; Principal
Planner, Rich Henderson; Associate Planner,
Michael Rubin; City Engineer, Jim Van Winkle;
and Acting Commission Secretary, Sandy Walrath.
APPROVAL OF MINUTES It was moved by Worden, seconded by Modugno, to
approve the Minutes of the May 29 Study Session
as modified. There being no objection, the
minutes were unanimously approved.
ITEM 1
PUBLIC HEARING
CONTINUED FROM
MEETING OF JUNE 19
VESTING TENTATIVE
ZONE CHANGE 90-001;
CONDITIONAL USE
PERMIT 90-003; AND
OAK TREE PERMIT
90-007
It was moved by Cherrington, seconded by
Modugno, to approve the Minutes of the June 5
Regular Meeting. There being no objection, the
minutes were unanimously approved.
It was moved by Modugno, seconded by Worden, to
approve the minutes of the June 19 Regular
Meeting. There being no objection, the minutes
were unanimously approved.
Chairwoman Garasi opened the public hearing.
Lynn Harris presented a supplemental staff
report covering questions raised at the
meeting of June 19. These questions included
proposed paseo walkway and elimination of
Lot 76; parking for the park site; the elimina-
tion of Lots 85 and 86 to accommodate park
building; a clarification of the transition from
Green Mountain Drive as an overlook or a
cul-de-sac; a description of the boundary wall;
landscape plan for the buffer zone; modifica-
tion of the "eyebrow" area -and roadway over the
crest; removal of two flag lots to .improve
visual impact. Ms. Harris also pointed out the
density statistics and the difficulty of
development because of the slope and the amount
of cut and fill required for this site.
7-3-90 • PC 0 Page 2
rroponent addressing the Commission was:
Steve Krueger, Showcase Homes, 14482 Beach Blvd,
Suite W. Westminster, CA.
After Mr. Krueger's presentation, the
Commission asked for additional information
regarding paseos vs alternative means of
ingress/egress; use of fast growing/drought
resistant, larger than 15 gallon size trees
for landscaping areas requiring camouflage
planting; use of single family residences where
view of such is expected. The Commission also
questioned Jeff Kolin, Parks and Recreation
Director, about ingress/egress and parking for
the proposed park site and the proposed paseo.
It was determined that Parks and .Recreation
would coordinate final agreement as to what
method would be used. Commissioner Worden
requested that Allan Seward comment on
inquiries from homeowners in adjacent area as
to stability of land after grading is
accomplished. Mr. Seward reported that the
grading would be an enhancement to the area.
Chairwoman Garasi asked if there were any
opponents, and receiving no response, closed
the public hearing at 8:40 P.M.
After a further discussion of the above, the
Commission asked that the following be
incorporated into the conditions for this
item: The paseo plan or type of ingress/egress
used for the park; Lots 85 and 86 be identified
as the park site; a condition calling for
enhanced architectural treatment on rear of
buildings visible from Golden Valley and the
Antelope Freeway, to be documented with
exhibits to be submitted to staff; park
design, access and location be decided by the
Department of Parks and Recreation; larger than
15 gallon size requirement for trees in buffer
zone; Condition 88 be amended to properly
reflect the description of the parameter wall.
Mr. Krueger indicated he accepted all of the
above conditions as proposed.
A motion for approval of Item 1 was made by
Commissioner Worden, seconded by Commissioner
Cherrington, and approved unanimously by the
Commission.
Director Harris presented Draft Resolution
90-25 for approval. This resolution would
amend the resolution to state that approval of
this project improves and stabilizes the
geological condition of an existing'adjacent
tract to the east. Motion for approval was
made by Commissioner Worden, seconded by
Commissioner Brathwaite and unanimously adopted
by the Commission.
7-3-90 • PC 0 Page 3
ITEM 2
VESTING TENTATIVE Chairwoman Garasi opened the public hearing,
TRACT MAP 48403 and stepped down from the hearing due to a
potential conflict of interest. Vice Chairman
Brathwaite assumed the duties of the Chair.
Rich Henderson,.Principal Planner, reported
on Item 2. This is a proposed industrial
subdivision of two existing lots. Lot 2 has
an existing building and one in the final
stages of construction. The developer wishes
to subdivide a 3.3 acre parcel into two parcels
consisting of 2.3 acres and 1.0 acre.. Lot 1 is
6.7 acres and developer wishes to subdivide
three buildings into 21 industrial condominium
units. The buildings are presently under
construction and nearing completion. It was
read into the record that Mr. Henderson had
been contacted by the Fire Department on July 3
and was advised that the conditions set by the
subdivision section for this development have
been superceded by the local Fire Protection
Office of the Fire.Dept. According to the
local Fire Protection Office, the conditions
have been met and the necessary hydrants are
in. The Commission requested clarification
regarding the two conflicting sets of
conditions prepared by the Fire Department.
Mr. Van Winkle, City Engineer, was present to
answer any questions concerning the conditions.
Proponents addressing the Commission were:
Daniel Gluck, Gluck Development Company,
21820 Burbank Blvd., Woodland Hills, CA.
91367; Robert E. Zuckerman, 23293 Ventura Blvd.,
Woodland Hills, CA 91364; David Osborn,
20969 Ventura Blvd., Woodland Hills, CA 91364;
Joseph E. Pifko, 6338 Variel Ave., Woodland
Hills, CA; Larry Mar, Engineering Service
Corp., 6017 Bristol Parkway, Culver City,
CA 90250.
Mr. Gluck requested that Condition No. 11 be
modified to reflect the Fire Dept. requirements
for hydrants. He also requested modification
of Conditions 12, 13 and 14, all of which
relate to the above. In addition, he requested
modification or deletion of the following:
Condition 22 (which would prohibit occupancy of
the multi -tenant buildings on Lot 1 prohibiting
occupancy until final approval of the tract
map); Condition 29 (agreement to dedicate right
of way for bus bay - questions additional 2 ft
of property on Avenue Stanford); Condition 33
(relating to sewer installation); Condition 39
(question regarding fee payment); Conditions 40
and 41 (landscape assessment district);
Condition 45 (sidewalks); Condition 46 (funding
for traffic signal control). Mr. Gluck
submitted a letter from Donald Puente, Valencia
Company, to be Exhibit to 48403.
7-3-90 PC • Page 4
Robert E. Zuckerman spoke in opposition of
Condition 22 as it stands. He also supported
Mr. Gluck's request for modification of
Condition 29.
David Osborn, JDO & Associates, architects for
project, requested modification on Conditions
relating to landscaping and sidewalks.
Joseph E. Pifko, industrial real estate broker,
spoke regarding benefits of industrial
condominium project.
Larry Mar identified himself as available
to answer any questions of a technical nature
relating to engineering.
Mr. Brathwaite closed the public hearing and
asked for comments from the Director.
Mr. Cherrington asked for comments on
sidewalks, median, 40' vs 42' allowance for bus
bay. Ms. Harris commented that the sidewalk
condition was one that should be decided by the
Planning Department, stated the bus bay
easement should be 40', and recommended to the
Commission that Staff should meet and present
to the Commission a set of conditions which was
ready for review. She recommended that this
item be continued and that public testimony be
accepted at the continued hearing.
Commissioner Worden moved to continue this
item, Modugno seconded, and the Commission voted
4-0 to continue this item to July 17.
Chairwoman Garasi rejoined the Commission and
declared an approximate 10 minute break at 8:45
The Commission meeting reconvened at 9:00 P.M.
ITEM 3
ZONE CHANGE 89-007 The public hearing was called to order. Richard
AND PLOT PLAN 89-125 Henderson presented the staff report.
Proponent for this item was Mike Massoonnea,
Ace Engineering, Montrose, CA. A continuance
was requested in order to obtain guidance from
the Commission.
The Commission held a brief discussion on areas
to be addressed by staff. Mr. Massoonnea
indicated his willingness to redesign and work
with staff to.attempt a resolution of this
matter.
A motion for continuance of uncertain date was
made by Commissioner Brathwaite, seconded by
Commissioner Worden, and approved unanimously
by the Commission.
7-3-90 • PC • Page 5
Upon recommendation of the Director of
Community Development, a motion for CPD zone
change for the entire site was made by
Commissioner Worden, seconded by Commissioner
Modugno, and approved unanimously by the
Commission.. This is to occur in conjunction
with the .submission of a Conditional Use Permit
proposing a revised design. The applicant will
bear the cost of the CUP.
ITEM 4
MOBILE HOME PARK The public hearing was opened at 9:40 P.M.
ORDINANCE Staff report was presented by Mike Rubin.
Commissioner Worden asked Mr. Rubin to provide
additional broad term explanation of the zoning
ordinance, after which Chairwoman Garasi called
for public presentations from persons speaking
in support of this item.
Proponents for this item were: Ron Bates,
16274-40 Vasquez Cyn., Canyon Country, who
spoke at 9:43 P.M.; and Donald M. Wilder,
21441 Brier Way, Saugus, CA 91350, who spoke at
9:48 P.M.
The Chairwoman then called for presentation by
persons in opposition to this item.
Opponents were Marion Clever, 3225 Longridge,
Sherman Oaks, CA 91423, who spoke at 9:57 P.M.;
Judith F. Porcasi, 1622 Campbell Avenue,
Thousand Oaks, CA 91360, who spoke at
9:59 P.M.; David Evans, Star Rt, Box 8057,
Frazier Park, CA 93225, who spoke at 10:05;
Asa L. Shaw, 24833 San Fernando Rd.,
Newhall, CA 91321, who spoke at 10:10 P.M.; and
Larry Kalvelage, 854 Hacienda Circle,
Camarillo, CA, who spoke at 10:16 P.M.
After hearing all speakers, the Commission held
a general discussion about the appropriateness
of proceeding on this.item without additional
information. Following consultation with legal
counsel on various aspects of the ordinance as
proposed, it was moved by Commissioner
Brathwaite, seconded by Commissioner Modugno,
and approved unanimously.by the Commission to
continue Item 4 to date uncertain, and to
schedule a study session for July 26.
ITEM 5 Chairwoman Garasi opened the public hearing on
ZONE CHANGE Item 5, and upon recommendation of'staff enter -
INITIATION tained a motion for continuance to a date
ORDINANCE uncertain, to follow the study session set for
July 26. There was no person to address the
Commission on Item 5.
3-90 PC a Page 6
DIRECTOR'S Mike Rubin announced that July 17 would be the
ANNOUNCEMENTS date set for Oak Tree Guideline discussion.
Material was given to the Commission for an
early review.
COMMISSION Commissioner Vorden requested a study session
AGENDA on water.
PUBLIC There was no indication that any person wished
BUSINESS FROM THE to address the Commission from the Floor.
FLOOR
ADJOURNMENT There being no further business, the meeting was
adjourned at 11:15 P.M.
RITA GARASI, Chairwoman
Planning Commission
ATTEST:
LYNN M. HARRIS, Director
Community Development
City of Santa Clarita